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AMENDMENT TO PROMISSORY NOTE <br /> This Amendment to Promissory Note("Amendment") is entered into as of February /A, <br /> 2013 by and between Coleen Ann Theroux ("Borrower") and the City of Pleasanton("City") <br /> based upon the following recitals: <br /> A. Borrower executed a Promissory Note Secured by Second Deed of Trust on July 24, 2002 <br /> ("Note"), secured by the City of Pleasanton Homeownership Assistance Program (PHAP) <br /> Deed of Trust dated July 24, 2002 and recorded in Alameda County Records as <br /> Instrument No. 2002320200 ("Deed"), for the purchase of Borrower's residence at 1650 <br /> Whispering Oaks Way, Pleasanton, CA ("Home"). <br /> B. The Home is part of the City's affordable housing program and is subject to Restrictive <br /> Covenants, Resale Restrictions, and Option to Designate Eligible Purchasers dated July <br /> 24, 2002 and recorded in the Alameda County Records as Instrument No. 2002320197 <br /> ("Restrictions"). <br /> C. Borrower has failed to pay the Note according to the terms and conditions stated therein. <br /> D. Borrower has also failed to pay Borrower's primary mortgage for the Home, Chase Loan <br /> No. 8462045843, ("Primary Mortgage") and the Borrower has received a Notice of <br /> Default and Election to Sell Under Deed of Trust with the trustee's sale of the Home <br /> scheduled for February 21, 2013 regarding this Primary Mortgage. <br /> E. Borrower has advised City that Borrower has suffered from unemployment and <br /> underemployment during this nationwide recession, and that family health emergencies <br /> have also contributed to these defaults. <br /> F. City is interested in assisting Borrower and preserving the Home as part of the City's <br /> affordable housing program. <br /> NOW, THEREFORE, the Borrower and City agree to amend the Note as follows: <br /> 1. City will send directly to the Primary Mortgage lender or its trustee the amount of <br /> Fourteen Thousand Eight Hundred and Sixty-Four Dollars and Twenty-Five Cents <br /> ($14,864.25), which will reinstate Borrower's Primary Mortgage ("Advance"). <br /> 2. The Advance is an additional indebtedness of Borrower pursuant to Section 10 of the <br /> Note. <br /> 3. Borrower will meet with and submit documents in a timely manner to the Tri-Valley <br /> Housing Opportunity Center to determine if Borrower is able to remain current on Borrower's <br /> Primary Mortgage and the Note by Feb. 28, 2013. <br /> 1 <br />